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Criminal Law

: Durham-in-Wonderland

Duke As Plaintiff: Sues Its Insurance Company

By K.C. Johnson

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Both the N&O and the Herald-Sun are reporting that Duke is suing its insurance company, National Union Fire Insurance Co--who Duke accuses of acting in a manner "willful, wanton, malicious, without justification or excuse." The H-S reports,Sources close to the case say National Union is refusing to pay because it believes its policy is capped at $5 million for legal expenses and Duke has submitted legal bills -- alone -- of about $11 million to date, and that Duke refuses to accept the $5 million cap.Duke's demands are considerable: it wants National Union to "advance and/or pay all of Duke?s Defense Costs (as defined in the insurance policies) for the Underlying Claims and the full amount of Duke?s settlement with certain claimants," and "a declaratory judgment (i) that National Union is liable to advance the costs for any future defense of Duke in connection with the Underlying Claims, and (ii) that National Union is liable for any reasonable settlement entered into by Duke in the Underlying Claims and/or any judgment entered against Duke in the Underlying Claims...continue to full post

Full post as published by Durham-in-Wonderland on November 26, 2008 (boomark / email).

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